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HTMLDon't Mess With Texas Adjusters In Hail Damage Claims
Jennifer L. Gibbs; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 1, 2015, previously published by Texas Law360 on February 6, 2015
Texas hail claim policyholder lawyers, like many plaintiffs¿ lawyers, clearly prefer to be in state court rather than federal court. To accomplish this and prevent the defendant insurer from properly removing the lawsuit to federal court, Texas policyholder attorneys simply sue the adjuster (who,...

 

HTMLNew Jersey Supreme Court Finds No Bad Faith Where Insurer Relied Upon Unpublished Appellate Division Opinion In Taking Action, And Where Policy Language Made Insurer’s Position Fairly Debatable; Court Restates New Jersey Law On First Party Bad Faith Claims (New Jersey Supreme Court)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 19, 2015
In Badiali v. New Jersey Manufacturers Insurance Group, the New Jersey Supreme Court issued its second opinion in a single day involving first party insurance bad faith claims. The insured was injured by an uninsured motorist. The insured had two insurers. The matter went to arbitration on the...

 

HTMLEven Where Court Rules against Insurer’s Interpretation of Policy Language, No Bad Faith Can Exist Where That Interpretation Is Reasonable (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 11, 2015
In Gray v. Allstate Indemnity Company, the insured asserted breach of contract claim and bad faith claims due to the insurer’s alleged wrongful denial and refusal to pay insurance benefits for his fire loss claim, which was the result of vandalism. The insurer asserted that the property was...

 

HTMLERISA Preemption Defense Sufficient To Set Aside Default on State Law Claims (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 10, 2015
In Davis v. Metro. Life Ins. Co., the insured brought claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and bad faith under the Pennsylvania Unfair Insurance Practices Act (“UIPA”), 40 Pa. Cons. Stat. § 1171.1 et seq., pursuant to 42 Pa....

 

HTMLWhere Material Issues Of Fact Exist Over Alleged Misrepresentations By Insured, Court Would Neither Dismiss The Insured’s Breach Of Contract Claim Or The Insurer’s Statutory Fraud Claim; However, Statutory Bad Faith Claim Could Be Dismissed (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 23, 2015
In Henriquez-Disla v. Allstate Property & Casualty Insurance Company, the court addressed a battle of bad faith claims, the insured alleging breach of contract and bad faith for claim denials; and the insurer alleging insurance fraud in seeking dismissal of the insureds’ claims, and in...

 

HTMLInsurer Entitled To Attorney’s Fees Against Other Insurer In Declaratory Judgment Action; Claim Of Unclean Hands Rejected (New Jersey Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 24, 2015
In Carolina Casualty Insurance Company v. Travelers Property Casualty Company, the plaintiff insurer brought a declaratory judgment action against two other insurers. It sought a judgment that it owed no defense or coverage obligations in connection with an underlying claim. The defendant insurers...

 

HTMLNew Jersey Appellate Division Makes Clear That Proper Practice Requires Severing Bad Faith Claim From Uninsured Motorist Claim, And Staying Discovery Of The Bad Faith Claim Until The Underlying Claim Is Determined (New Jersey Appellate Division)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 26, 2015
In Wacker-Ciocco v. GEICO, the court addressed the applicability of its earlier decision in Procopio v. Government Employees Insurance Company, 433 N.J. Super. 377, 80 A.3d 749 (App. Div. 2013), on the issue of discovery and severance of bad faith claims. In the earlier case, the appellate court...

 

HTML'Loss' in Translation: Insurers Beware
Jason Reeves, Jose Umbert; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 1, 2015, previously published by Insurance Law360 on February 19, 2015
Some terms frequently found in (re)insurance contracts and statutes have different meanings in common law, English-speaking jurisdictions than they do in civil law, Spanish-speaking countries. It is critical for (re)insurers providing coverage for risks in Latin American jurisdictions, either by...

 

HTMLInsured’s Bad Faith Claim Could Not Be Dismissed Solely On Basis That Examination Under Oath Had Not Occurred Prior To Filing Suit, Under The Circumstances Of This Case (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 16, 2015
In Johnson v. State Farm Mutual Automobile Insurance Company, the insured wife was hit by an underinsured motorist while jogging. The insureds’ own UIM limits were $250,000. The injuries were diagnosed as serious and she sought policy limits.

 

HTMLDietz & Watson Part I: Statutory Mediation Privilege Applies To Mediations In Underlying Tort Action Where Discovery Is Sought For Subsequent Bad Faith Case; Mediation Privilege Applies To Non-Lawyer Insurer Representatives; And Court Instructs Insurer To Provide A More Detailed Privilege Log For Documents Outside The Mediation Privilege Where The Insurer Seeks To Assert The Attorney Client Privilege Or Work Product Doctrine (Philadelphia Federal)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
April 1, 2015, previously published on March 30, 2015
In Dietz & Watson v. Liberty Mutual Insurance Company, Magistrate Judge Rueter addressed numerous discovery issues in the context of third party insurance bad faith litigation. The insurer asserted that documents the insured sought were protected by the mediation privilege and/or the...

 


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